collapse

Advertisement


Author Topic: Is the WDFW guilty of criminal negligence?  (Read 1522 times)

Offline bbarnes

  • Trade Count: (0)
  • Longhunter
  • *****
  • Join Date: Apr 2008
  • Posts: 525
  • Location: Mt Saint Helens
    • Mt Saint Helens Rescue .com
Is the WDFW guilty of criminal negligence?
« on: December 07, 2009, 10:10:18 PM »
To others and myself there is no other way to look the situation,of bringing wolfs to this state.Who's liable if some one is hurt or killed by these predators,when our WDFW is allowing them to come here.There also talking about relocating them to,   Mt.saint Helen's and willapa hills.This is no different then owning a pit bull, and having it hurt or kill some one in front of your home.The outdoors people on this site and others, need to contact every polition in this state and ask them who's the liable party.Our wild life and our heritage is at stake here,a few phone calls and emails can't hurt, its the least we all can do before it's to late.Here's the definition you decide.To constitute a crime, there must be an actus reus (Latin for "guilty act") accompanied by the mens rea (see concurrence). Negligence shows the least level of culpability, intention being the most serious and recklessness of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a 'malfeasance' where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a 'misfeasance or 'nonfeasance' (see omission), where the fault lies in the failure to foresee and so allow otherwise avoidable dangers to manifest. In some cases this failure can rise to the level of willful blindness where the individual intentionally avoids adverting to the reality of a situation (note that in the United States, there may sometimes be a slightly different interpretation for willful blindness). The degree of culpability is determined by applying a reasonable person standard. Criminal negligence becomes "gross" when the failure to foresee involves a "wanton disregard for human life" (see the discussion in corporate manslaughter).

The test of any mens rea element is always based on an assessment of whether the accused had foresight of the prohibited consequences and desired to cause those consequences to occur.  Thanks B Barnes keeping public lands public.

 


* Advertisement

* Recent Topics

KODIAK06 2025 trail cam and personal pics thread by finnman
[Yesterday at 11:52:05 PM]


Unit 346 little naches by scoutdog346
[Yesterday at 11:34:48 PM]


2024 Ford Edge Opinion by JJJ
[Yesterday at 11:22:26 PM]


Share your out of state experience by HighlandLofts
[Yesterday at 10:55:10 PM]


2025 deer, let's see em! by Bearhunter308
[Yesterday at 10:54:11 PM]


Roosevelt Elk. Please nudge me in the right direction. I feel hopeless. by medic6
[Yesterday at 10:43:26 PM]


2025 blacktail rut thread by jamesjett
[Yesterday at 10:05:08 PM]


Bogachiel boat accident by X-Force
[Yesterday at 09:39:31 PM]


GL Late Tag holders by X-Force
[Yesterday at 09:31:13 PM]


Youth cow tag success by Bullkllr
[Yesterday at 09:22:08 PM]


Weyerhaeuser recreation permit access times by 280ackley
[Yesterday at 09:06:21 PM]


Who knows Stihl Chainsaws? messed up and cooked my 044 hoping to save/rebuild by Happy Gilmore
[Yesterday at 09:00:04 PM]


328/329 reports by MADMAX
[Yesterday at 08:30:37 PM]


Colville lodging, any recommendations? by 762Gunner
[Yesterday at 07:37:54 PM]


Multi season elk by Mfowl
[Yesterday at 07:19:15 PM]


CB Radio Hints and Tips, Installing guidance. by ghosthunter
[Yesterday at 07:07:45 PM]


3 pintails by metlhead
[Yesterday at 05:59:58 PM]


NAVY BEAN SOUP by Alchase
[Yesterday at 05:27:01 PM]


BNSF Land Access by Goshawk
[Yesterday at 04:39:34 PM]


Hunting with a suppressor - dumb idea? by addicted
[Yesterday at 03:46:22 PM]

SimplePortal 2.3.7 © 2008-2025, SimplePortal